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1. Short Title
This Act may be cited as the Land Surveyors
Act, 1991.
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2. Definitions
In this Act
(a) "Association' means the Association of
Newfoundland Land Surveyors of the Province of Newfoundland
continued under section 4;
(b) "Board" means the Board of
Examiners established under section 16;
(c) "Boundary" means the demarcation
of the spatial extent of rights or interests in land, water and
air;
(d) "Council" means the Council of
management of the Association;
(e) "Discipline committee" means the
discipline committee established under section 41;
(f) "Former Act" means the Land
Surveyors Act;
(g) "Investigated person" means a
member or articled student who is the subject of an inquiry or
investigation under sections 39 to 61;
(h) "Land Surveying" means the
interpretation of boundary evidence, the spatial measurement, the
demarcation and the textual and graphical definitions of either
or both boundaries and points on, over or under the earth or a
combination of all of those;
(i) "Land Surveyor", except under
section 22, means a person registered as a land surveyor under
section 21;
(j) "Member" means a member of the
Association registered under subsections 14 (1) and (2);
(k) "Minister" means the minister
appointed under the Executive Council Act to administer this Act;
(l) "Registrar" means the registrar
appointed under section 20; and
(m) "Secretary-Treasurer" means the
Secretary-Treasurer appointed under section 10.
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3. Non-application of Act
This Act does not apply to
(a) A licensee, permit holder or professional
member of the Association of Professional Engineers and
Geoscientists of Newfoundland practising engineering within the
meaning of The Engineers and Geoscientist Act;
(b) A student as defined in The Engineers and
Geoscientists Act who is working under the supervision or
authorization of a person referred to in paragraph (a);
(c) An employee or other person working under
and responsible to a person referred to in paragraph (a); or
(d) Employees of the Government of the Province
who practice land surveying in the course of that employment
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4. Association to Continue
The corporation of the Association of Land
Surveyors of the Province of Newfoundland is continued as a body
corporate under the name of the Association of Newfoundland Land
Surveyors of the Province of Newfoundland.
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5. Head Office
The head office of the Association shall be at
a place within the province that the Council decides.
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6. Objects
The objects of the Association are
(a) To establish and maintain standards of
professional conduct, knowledge and skill among its members to
assure to the general public the proficiency and competency of
land surveying in the province and to serve and protect the
public interest;
(b) To promote, increase and improve the
knowledge, skill, efficiency and proficiency of its members in
all matters relating to the profession and practice of land
surveying in the province;
(c) To regulate the practice of land surveying
in the province and to govern the profession according to this
Act and to do all things to advance and protect the interests of
members; and
(d) To communicate and cooperate with other
professional organizations for the advancement and best interest
of the profession and of the practice of land surveying.
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7. Powers
The Association may
(a) Evaluate the competence of members and
provide for the governing and disciplining of persons practising
land surveying in the province;
(b) Acquire and hold real and personal property
by way of purchase, lease, grant, hire, exchange or otherwise and
dispose of that property;
(c) Borrow money and give security by way of
mortgage, pledge charge or otherwise for borrowed money in order
to carry out the objects of the Association;
(d) Invest money of the Association as
determined by the Association to be for its benefit;
(e) Establish and maintain an official register
of members entitled to practice land surveying under the Act;
(f) Manage its property and conduct its
business in keeping with the objects of the Association;
(g) Assess existing and develop new educational
standards and specify the training and experience required as a
requirement for obtaining and continuing registration under this
Act;
(h) Publish and amend a suggested guideline for
a minimum scale of fees to be taken by land surveyors for
services provided;
(i) Fix and collect fees payable by members and
articled students and provide exemptions from those fees;
(j) Suspend from the register a member who has
not paid a fee;
(k) Assess members for expenditures considered
necessary to further the objects of the Association;
(l) Enter into agreements, negotiate or meet
with a person, Association, agency or group considered necessary
to carry out the objects of the Association;
(m) Receive gifts, donations and bequests from
persons associations and make gifts or donations for the
promotion of the objects of the Association; and
(n) Subject to sections 39 to 61, inquire into
the practice of land surveying by a member of articled student
and inquire into other matters considered necessary in connection
with the exercise of the powers of the Association and the
performance of the Association's duties relating to competence in
the practice of land surveying.
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8. Inquiry under ss. 39 to
61
An inquiry made under paragraph 7(n) shall be
directed to the discipline committee for consideration under
sections 39 to 61.
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9. Council
(1) The Association shall be governed by the
Council of management.
(2) The Council shall manage and conduct the
business and affairs and exercise the powers of the Association
for and on behalf of the Association.
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10. Council Members
(1) The Council shall consist of
(a) A President;
(b) A Vice-President;
(c) A Secretary-Treasurer;
(d) A maximum of 8 other councillors at large;
and
(e) The immediate past President of the
Association.
(2) A Vice-President, Secretary-Treasurer and
councillors shall be elected by a majority vote of the members
and the position of President shall be assumed by the previous
Vice-President.
(3) The Vice-President of the Association on
the commencement of this Act shall assume the position of the
President immediately after the 1st election under subsection
(2).
(4) Where the Vice-President, for any reason,
does not assume the position of President under subsection (2) or
(3), a President shall be elected as provided for in the By-Laws.
(5) Where the By-Laws allow, there may be
elected a maximum of 2 councillors from outside the membership of
the Association.
(6) The Council shall be elected and hold
office in a manner and for a time provided for in the By-Laws.
(7) Until a Council is elected under this Act
the members of the Council of management under the former Act
shall be considered to have the powers and duties of the Council
under this Act.
(8) The Council may appoint committees from the
membership of the Association or where considered appropriate,
from outside the Association membership, to carry out duties and
functions directed by the Council.
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11. Regulations
The Council may make regulations
(a) Respecting the examination of applicants
for admission as articled students or for registration as Land
Surveyors;
(b) Respecting the time and place of
examination of applicants;
(c) Prescribing the period of service by an
articled student or other applicant for registration as a Land
Surveyor;
(d) Prescribing requirements for registration
and admission to practice as a Land Surveyor;
(e) Respecting appeals to the Council regarding
a refusal of the registrar to enter a name on the register of
Land Surveyors maintained under this Act;
(f) Respecting the keeping and maintaining by
the registrar of records and registers of land surveyors,
partnerships and corporate bodies practising land surveying in
the province;
(g) Respecting the academic qualifications and
the experience required of applicants for registration as Land
Surveyors and the evaluation of those qualifications and that
experience by the Council or a committee appointed by the
Council;
(h) Respecting the eligibility of applicants
generally for registration to engage in the practice of land
surveying in the province and the name under which they may
practice;
(i) Respecting certificates of registration and
certificates of authorization;
(j) Establishing and providing for the
publication of a code of ethics respecting land surveying in the
province including a requirement to carry professional liability
insurance;
(k) Governing the operation and procedures of
the board and prescribing its powers, duties and functions;
(l) Respecting the use and form of stamps and
seals;
(m) Respecting the structure, operations and
proceedings of the discipline committee and respecting the
powers, duties and functions of the discipline committee;
(n) Respecting disciplinary matters, penalties,
fines and the practice of land surveying generally; and
(o) Generally for carrying into effect the
objects and powers of the Association.
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12. Secretary-Treasurer
(1) The Secretary-Treasurer elected under
subsection 10(2) shall be the secretary and treasurer of the
Association and the secretary of the board.
(2) Subject to the supervision and control of
the Council, the Secretary-Treasurer shall control all matters
relating to the finances of the Association, including the
receipt of money paid to the Association or to a member on behalf
of the Association and for making disbursements on behalf of the
Association.
(3) The Secretary-Treasurer shall enter in
books kept for that purpose, a true account of all sums of money
received and paid under this Act and the account shall be audited
and submitted to the Council and the Association as provided by
the By-Laws.
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13. By-Laws
(1) The Association may make By-Laws which are
not inconsistent with this Act and which are necessary or
desirable for the procedure and governing of the Association and
the implementation of its objects and powers.
(2) The By-Laws of the Association in operation
on the commencement of this Act continue, to the extent that they
are not inconsistent with this Act, to be the By-Laws governing
the Association until revoked or amended in the manner provided
by subsection (3).
(3) A By-Law and an amendment or revocation of
a By-Law may be made at the Annual General Meeting, a general
meeting, a special meeting or by mail ballot where
(a) Notice of the By-Law, amendment or
revocation of the By-Law is given in writing to each voting
member of the Association at least 30 days before
(i) The meeting at which the By-Law, amendment
or revocation of the By-Law is to be made, cancelled or revoked,
or
(ii) The return date for the mail ballot vote
of a member and that return date shall be stated on the notice;
and
(b) A majority of the voting members of the
Association vote in person, by proxy or by mail ballot in favour
of the By-Law, amendment or revocation.
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14. Membership
(1) The members of the Association who are
members on the commencement of this Act shall, subject to this
Act and the By-Laws continue as members of the Association.
(2) All persons who
(a) Hold a Certificate of Registration as a
Land Surveyor; and
(b) Have paid the annual dues for membership
fixed according to the By-Laws are members of the Association and
have full voting rights.
(3) The Association may appoint persons to
associate, articled student, life and other types of non-voting
membership in accordance with the By-Laws.
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15. Meetings
The Association shall hold an Annual General
Meeting in each year and may hold other general or special
meetings that are required during each year.
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16. Board of Examiners
(1) The Council shall appoint a Board of
Examiners consisting of 4 persons of whom
(a) 3 are members of the Association; and
(b) 1 may be a person who is not a member of
the Association.
(2) The board shall examine and report to the
Council upon the qualifications of candidates for admission to
study and practice as articled students and Land Surveyors.
(3) The members of the board shall be appointed
by the Council at a general meeting and shall hold office for a
term determined by the Council.
(4) The Association shall pay the expenses of
the board, including a yearly fee to members which may be
determined by the Council.
(5) Examination of candidates for admission as
articled students or for registration as Land Surveyors shall be
held at least once in each year at places and times which the
board decides or which the Council directs.
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17. Articled Students
A person shall not be admitted as an articled
student with a Land Surveyor unless that person has passed
examinations in subjects which the board prescribes.
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18. Admission as Articled
Student
(1) An applicant for admission as an articled
student shall, before being examined as required by section 17
(a) Give 1 month notice to the board of his or
her intention to be present for examinations; and
(b) Pay to the treasurer fees required for the
examination and certificate.
(2) An applicant for admission as an articled
student who complies with section 17 and subsection (1) shall be
admitted as an articled student.
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19. Offense
A Land Surveyor who falsely certifies as to the
articling service of a student when that service has not actually
been performed in the manner required by this Act, the
regulations or the By-Laws commits an offense.
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20. Registrar
The Council shall appoint a member of the
Council as registrar.
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21. Registration
(1) Every person who
(a) Has completed a course of study in a land
survey program approved by the board;
(b) Has passed examinations in subjects
prescribed by the board;
(c) Has served an articling period under a
practising Land Surveyor or has completed practical field and
other experience considered necessary by the board; and
(d) Has paid the necessary fees as required by
the Association is entitled to be registered as a Land Surveyor
and to practice land surveying in the province.
(2) Every person who is entitled to
registration under this section shall, before receiving a
certificate of registration under section 23, take the following
oath or affirmation:
"I, a.b., of , swear (or affirm) that I
will faithfully and diligently, to the best of my ability
discharge the duties of a Land Surveyor according to law and
without favour, prejudice or partiality to any person." (in
the case where an oath is taken, add "so help me
god".).
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22. Exception to s.21
Subject to the approval of the Council, every
person
(a) Who is registered as a Land Surveyor, with
an Association of Land Surveyors in a Province or Territory of
Canada; or
(b) Who is registered as a Land Surveyor, with
an Association of Land Surveyors in another country where
qualifications are satisfactory to permit the practice of land
surveying in the Province; and
(c) Who, where the Council considers it
necessary,
(i) Successfully completes examinations set by
the Board, and
(ii) Serves as an articled student under a Land
Surveyor for a period considered necessary by the Council, shall
be considered to have met the registration requirements of
section 21.
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23. Certificate of
Registration
(1) A person entitled to be registered under
section 21 shall receive a Certificate of Registration in a form
provided by the regulations.
(2) The holder of a valid Certificate of
Registration is entitled to engage in the practice of land
surveying in the province.
(3) Every Certificate of Registration issued
under this section expires on March 31 following the date of
issue unless revoked at an earlier date.
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24. Offense
(1) A person who wilfully attempts to obtain or
obtains registration under this Act by making or producing a
false or fraudulent representation or declaration either orally
or in writing commits an offense.
(2) A person who commits an offense under
subsection (1) shall be refused registration or have his or her
name removed from the registrar.
(3) A member who knowingly assists a person
under subsection (1) is subject to disciplinary action under
sections 39 to 61.
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25. Certificate of
Authorization
(1) In accordance with the regulations and
By-Laws, the Council shall issue a Certificate of Authorization
to a firm, partnership or corporate body which is resident in the
Province.
(2) A Certificate of Authorization issued under
this section is valid for the year in which it is issued.
(3) The holder of a Certificate of
Authorization may engage in the practice of land surveying in the
name of a firm, partnership or corporate body.
(4) A Land Surveyor may not form, enter into or
belong to a firm, partnership or corporate body engaging in the
practice of land surveying unless that firm, partnership or
corporate body holds a valid Certificate of Authorization.
(5) Subsection (4) does not apply to a firm,
partnership or corporate body which does not engage in the
practice of land surveying for the general public.
(6) A Certificate of Authorization shall be
surrendered to the Council upon request by the Council to do so.
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26. Scope of Practice
Persons who comply with this Act, the
regulations and the By-Laws and who are holders of a certificate
of registration under section 23 are entitled to
(a) Use the title "Land Surveyor" or
"registered Land Surveyor"; and
(b) Engage in the practice of land surveying
for fee, commission, direct or indirect payment or profit.
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27. Holding Out as a Land
Surveyor
(1) A person, firm, partnership, corporate body
or other Association of persons except a Land Surveyor or holder
of a Certificate of Authorization under section 25 shall not
(a) Be held out as being entitled to engage in
the practice of land surveying;
(b) Use the titles "Land Surveyor" or
Registered Land Surveyor" or an extension or abbreviation of
those titles; or
(c) Use a name, title or designation or Act in
a manner that expressly or otherwise might lead to the belief
that that person, firm, or partnership, corporate body or
Association is a registered land surveyor or holder of a
Certificate of Authorization under this Act.
(2) A person who contravenes this section
commits an offense.
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28. Offense
A Land Surveyor who enables another person not
qualified to practice as a Land Surveyor to practice, or leads
others to believe that that person is authorized to practice as a
Land Surveyor commits an offense.
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29. Register
(1) The registrar, in accordance with the
regulations and By-Laws shall keep and maintain
(a) A register of Land Surveyors and holders of
Certificates of Authorization;
(b) A record of persons enroled as articled
students; and
(c) A record of persons holding membership not
under paragraphs (a)and (b).
(2) The register and records kept under
subsection (1) shall be available for inspection by any person,
without charge, at all reasonable times.
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30. Appeal of Registration
Denial
(1) A person denied registration under this Act
may appeal the decision to the Council which may confirm or
over-rule the decision of the registrar.
(2) The register and records kept under section
29 or a certified copy of the register or records are, in absence
of evidence to the contrary, evidence that the persons named in
that register or record are registered or recorded under this
Act.
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31. Falsification of
Register
A registrar who wilfully makes a false entry or
who wilfully omits making an entry under section 29 commits an
offense under this Act.
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32. Seal
(1) Every Land Surveyor shall have a seal
bearing the impression of the name of that land surveyor and the
words "Newfoundland Land Surveyor, Province of
Newfoundland".
(2) The seal shall be in a form prescribed by
regulation.
(3) The seal shall be affixed to all documents
and plans prepared and approved by the land surveyor.
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33. Use of Seal
A Land Surveyor shall not affix his or her seal
to a plan or document prepared in the practice of land surveying
unless the plan or document was prepared by or under the personal
supervision, direction or control of that Land Surveyor.
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34. Survey Plan Documents
(1) A master plan and duplicates of all survey
plans, records and documents prepared by or under the direction
of a Land Surveyor shall be retained by that Land Surveyor.
(2) A person shall not, without the prior
written consent of the Land Surveyor who prepared a land survey
plan, alter, add to or delete from that plan or a copy or
reproduction of that plan.
(3) A person who contravenes subsection (2)
commits an offense.
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35. Sealed Plans as
Evidence
A survey plan sealed in accordance with section
32 is evidence in court that that survey plan has been made by or
under the direction of the Land Surveyor indicated on that survey
plan.
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36. No Action Against
Association
No action lies against the Association, the
Board, the Council, the discipline committee or a member or
officer of them for proceedings taken in good faith or orders
made or enforced under the disciplinary provisions of this Act,
the By-Laws or the regulations.
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37. Liability of Members is
Limited
A member of the Association shall not be
personally liable for a debt of the Association beyond the amount
of the unpaid dues or subscription of that member but all real or
personal property of the Association shall be liable for the
payment of the debts of the Association.
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38. Notices
(1) All notices and documents or copies of
notices or documents required for the purposes of this Act to be
sent to a person may be sent by mailing them to that person by
registered or certified mail at his or her last known address.
(2) Receipt of the notices, documents or copies
by a person referred to in subsection (1) may be proved by
production of a receipt from the Canada Post Office.
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39. Complaints
(1) A complaint regarding the conduct of a Land
Surveyor or articled student shall be made to the
Secretary-Treasurer and that complaint shall be dealt with in
accordance with sections 39 to 61, the regulations and the
By-Laws.
(2) A complaint respecting the conduct of a
Land Surveyor or articled student whose certificate of
registration or articles have been revoked or suspended may be
dealt with as if the revocation or suspension had not occurred.
(3) Notwithstanding section 42, the Council may
designate a person as a mediator to assist in settling a
complaint if the complainant and the person about whose conduct
the complaint was made agree, but if within 60 days from the date
of receipt of the complaint or longer period agreed to by the
parties, a settlement of the complaint between the parties, does
not occur, or in the mediator's opinion is not likely to occur,
the complaint shall be referred immediately by the secretary
treasurer to the discipline committee.
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40. Determination of
Unprofessional Conduct
(1) Conduct of a Land Surveyor or articled
student that in the opinion of the discipline committee
(a) Is detrimental to the best interests of the
public;
(b) Contravenes a code of ethics of the
profession of and surveying as established under the regulations;
(c) Harms or tends to harm the standing of Land
Surveyors generally; or
(d) Displays a lack of knowledge, skill or
judgment in the practice of land surveying or in the carrying out
of a duty or obligation undertaken in the practice of land
surveying
constitutes either unskilled practice of land
surveying or unprofessional conduct, whichever the discipline
committee finds.
(2) Where an investigated person contravenes
this Act, the regulations or the By-Laws, and that contravention
is, in the opinion of the discipline committee, of a serious
nature, the contravention may be found by the discipline
committee to be unprofessional conduct whether or not that would
be so found under subsection (1).
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41. Discipline Committee
The Council shall establish a discipline
committee of persons appointed in accordance with the
regulations.
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42. Preliminary
Investigation
The discipline committee shall immediately upon
the receipt of a complaint appoint a person to conduct a
preliminary investigation of the complaint.
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43. Notice
The Secretary-Treasurer shall immediately send
a notice in writing to the investigated person that a preliminary
investigation is being conducted.
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44. Evidence
(1) A person conducting a preliminary
investigation shall
(a) Rrequire the investigated person to produce
plans, drawings, maps, specifications, reports, books, papers or
other documents or records in the investigated person's
possession or under his or her control; and
(b) Keep copies for the purposes of sections 39
to 61, of the documents or records that are produced.
(2) A person conducting a preliminary
investigation into the conduct of an investigated person shall
report to the discipline committee on all matters regarding the
professional conduct of that person that arise in the course of
the investigation.
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45. Report to the
Discipline Committee
The person conducting a preliminary
investigation shall, on concluding the preliminary investigation,
report his or her findings to the discipline committee.
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46. Termination of
Investigation
(1) The discipline committee may terminate the
investigation at any time if it is of the opinion that
(a) The complaint is frivolous or vexatious;
(b) There is insufficient evidence of unskilled
practice of land surveying; or
(c) There is insufficient evidence of
unprofessional conduct.
(2) On terminating an investigation, the
discipline committee shall direct the Secretary-Treasurer to
serve on the investigated person and on the complainant a notice
of that termination in accordance with the regulations.
(3) A complainant who is served with a notice
of termination under subsection (2) may appeal that decision to
the Council.
(4) On an appeal under subsection (3), the
Council shall determine whether the complaint should be referred
to the discipline committee for a hearing in accordance with
section 47, and shall notify the complainant, the investigated
person and the discipline committee in writing of its decision.
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47. Hearing by Discipline
Committee
(1) Where the investigation is not terminated
under section 46, and following receipt of a report under section
45, the discipline committee shall immediately hold a hearing
into the complaint.
(2) There shall be served on the investigated
person and on the complainant a notice of hearing, stating the
date, time and place at which the discipline committee will hold
the hearing, and giving reasonable particulars of the conduct or
complaint which has led to the hearing.
(3) The discipline committee shall after
conducting a hearing referred to in subsection (2), report in
writing to the Council its findings, recommendations and reasons
for its findings and recommendations.
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48. Further Investigation
(1) The discipline committee may also
investigate and hear another matter concerning the professional
conduct of the investigated person that arises during the
hearing, but in that event the committee shall declare its
intention to investigate and hear the further matter and shall
permit the person sufficient opportunity to prepare an answer.
(2) Notwithstanding subsection (1), if
proceedings in respect of the same circumstances or events are
started against the investigated person in a court, the
discipline committee may adjourn the hearing.
(3) Sections 50 to 54 apply to an investigation
and hearing of a further matter under subsection (1).
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49. Suspension Pending
Investigation Hearing
The Council may suspend the Certificate of
Registration or articles of a Land Surveyor or articled student
after a preliminary investigation or pending a decision of the
Council.
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50. Right to Counsel and
Appearance
The Association, the investigated person and
the complainant may appear and be represented by counsel at a
hearing before the discipline committee.
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51. Proceedings in Private
All proceedings under sections 39 to 61 shall
be held in private unless a public hearing is requested by the
investigated person.
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52. Public Enquiries Act
For the purposes of sections 39 to 61, the
Council, the discipline committee and each member of the Council
or the discipline committee has the powers that are or may be
conferred on a commissioner under the Public Enquiries Act.
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53. Powers of the Council
Where, after receipt of a report of the
Discipline Committee under section 47, it is determined by the
Council that the conducts of the investigated person constitutes
unprofessional conduct or unskilled practice of land surveying or
both, the Council may
(a) Reprimand the investigated person;
(b) Suspend the Certificate of Registration of
the investigated person for a specified period;
(c) Suspend the Certificate of Registration of
the investigated person until
(i) The person has completed a specified course
of studies or obtained supervised practical experience, or
(ii) The Council is satisfied of the competence
of the investigated person;
(d) Revoke the articles of the investigated
person and fix a time when the investigated person may make
application for new articles;
(e) Suspend the articles of the investigated
person for a specific period;
(f) Impose upon the investigated person a fine
not to exceed a sum fixed by the regulations;
(g) Impose conditions on the investigated
person carrying out the practice of land surveying or serving an
articling period;
(h) Direct the investigated person to pass a
course of study or satisfy the Council of his or her practical
competence;
(i) Direct the investigated person to waive,
reduce or repay a fee for services rendered by the investigated
person that in the opinion of the Council were improperly
rendered;
(j) Cancel the registration of the investigated
person; and
(k) Make another order that the could Council
considers appropriate in the circumstances.
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54. Order to Pay Expenses
(1) The Council may, in addition to dealing
with the investigated person under section 53, order that the
investigated person pay the reasonable expenses of the
Association arising out of the hearing in accordance with the
regulations and in the time fixed by the order.
(2) Where the investigated person was ordered
to pay the expenses under subsection (1) and he or she fails to
pay in the time ordered, the Council may suspend the registration
of that person until the expenses are paid.
(3) Expenses ordered to be paid to the
Association under this section are a debt due to the Association
and may be recovered by a civil action.
(4) All fines imposed under this Act by the
Association shall be paid over to the Association.
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55. Suspension or
Cancellation Pending Appeal
Where an appeal is brought under section 56,
the Council may grant a stay of an order of that Council until
the time that the decision of the Council is affirmed, varied or
struck down by the trial division.
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56. Appeal to Trial
Division
(1) An investigated person may appeal to the
trial division a finding or order made by the Council under
sections 39 to 61.
(2) An appeal under this section shall be
started
(a) By filing a notice of appeal with the
registrar of the supreme court; and
(b) By serving a copy of the notice on the
Secretary-Treasurer, within 30 days from the date the decision of
the Council is served on the investigated person.
(3) An appeal shall be supported by copies,
certified by the Secretary-Treasurer, of the decision of the
Council and the record of the hearing of the Council.
(4) The Secretary-Treasurer shall furnish the
documents mentioned in subsection (3) on being requested to do
so.
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57. Trial Division
(1) The trial division on hearing the appeal
may
(a) Make a finding that in its opinion ought to
have been made;
(b) Quash, confirm or vary the order or
decision of the Council or a part of it; or
(c) Refer the matter back to the Council for
further consideration.
(2) The trial division may make an award of the
costs of an appeal.
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58. Fraudulent Registration
Where the Council is satisfied, after
considering a report received under section 47 that states that a
person's registration was entered in the register by means of a
false or fraudulent representation or declaration, oral or
written, the Council shall order that the registration be
cancelled.
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59. Surrender of Permit
(1) Where the registration of a Land Surveyor
or articled student has been cancelled or suspended under
sections 49 or 53 he or she shall immediately surrender to the
registrar a certificate of registration, stamp or seal held by
him or her.
(2) Where the registration of a Land Surveyor
or articled student has been cancelled under sections 49 or 53,
the registration shall only be reinstated in the register by
order of the Council.
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60. Misrepresentation of
Status
It is unprofessional conduct for a person who
is or was registered as a land survey or articled student to
represent that he or she is registered and in good standing while
his or her registration is suspended or cancelled, and that
conduct may be dealt with under sections 39 to 61.
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61. Appeal
A Land Surveyor, articled student or holder of
a certificate of authorization who is the subject of a hearing by
the discipline committee or a review of a report by the Council,
may appeal a decision or order of the Council in accordance with
section 56.
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62. Penalties
(1) A person, Land Surveyor, articled student,
firm, partnership, corporate body, Association of persons or an
agent of any of them, who commits an offense under this Act, the
regulations or By-Laws is liable on summary conviction.
(a) For the 1st offense, to a fine of not more
than $1,000 or to imprisonment for a term of not more than 3
months or to both a fine and imprisonment; and
(b) For a subsequent offense, to a fine of not
more than $5,000 or to imprisonment for a term of not more than 6
months or to both a fine and imprisonment.
(2) A prosecution under this section may be
commenced within 2 years after the commission of the alleged
offense.
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63. Registration Continued
An application for registration made but not
concluded before the commencement of this Act shall be dealt with
under the former Act.
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64. Discipline Continued
A complaint or discipline proceeding that was
started but not concluded before the commencement of this Act
shall be concluded under the former Act.rsn 1970 c.198 rep.
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65. Rsn 1970 c.198 rep.
The Land Surveyors Act is repealed.
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66. Commencement
This Act comes into force on a day to be
proclaimed by the Lieutenant-Governor in Council.
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